What is the name of your state? California
My Elderly Aunt (68 yrs) was presented and sold on getting a new roof put on her house (really doesn't need one). She has a tar and gravel roof right now and they were selling her on getting a composition roof. They told her about their great company (Home Depot) and about the great long warrantee and had her sign a contract and put down 25%. The salesman was not clear to my aunt about any needed repairs and not sure about additional costs for the repairs and taking off of the prior roof. My Aunt did not get a clear breakdown of costs involved but her total cost came to over $12000 and her down payment was $3111. Part of the contact she signed was the recession period and she had 3 days to cancel after the "Sale Date". If she did not cancel within that time she would not get back her 25% down payment. The Roofing company then came back about a week later and advised they needed to amend the contract and were not giving her full warrantee etc since her roof is open ceiling and not the correct type (Which they saw in the first place). They advised her they would want another $4000 to insulate her roof if she wanted the full warranties. My aunt signed the addendum as she was under duress since they had her down payment money but she told the salesman not to turn it in that she still wanted things spelled out more clearly and have another addendum presented to her. She waited for a responce but did not get one from the salesman. She then called around to find out what other roofing companies were offering and found out that most companies do not recommend having a compound roof put on her house due to the low angle of the roof and she could get another roof done a lot cheaper. Some roofing companies said she doesn't even need one at this time. When she finally told Home Depot to cancel the contract they advised her that her salesman turned in the addendum that she didn't really agree to and that the 3 days were up and no refunds.
I think they pulled a bait and switch on my elderly Aunt. Mislead her to sign a contract then changed the contract and said she can't get her down payment back. The Roofing company doesn't do any work and collects down payments from elderly people. I also don't think they ever had a binding contract as the were never in full agreement. When the original contract was signed my Aunt was in agreement on what she was sold but the company knew they would not honor it as they knew there would be ammendments to change it. Then when the company wanted to change it my Aunt never was in agreement. There was not a time when they were all in agreement.
Questions.. Take them to small claims to get the down payment back?
Can I get them for any damages? Duress? Elder Abuse?
Submit to BBB?
Go to the media and have the news people tear into them?
Please help.. Thanks
My Elderly Aunt (68 yrs) was presented and sold on getting a new roof put on her house (really doesn't need one). She has a tar and gravel roof right now and they were selling her on getting a composition roof. They told her about their great company (Home Depot) and about the great long warrantee and had her sign a contract and put down 25%. The salesman was not clear to my aunt about any needed repairs and not sure about additional costs for the repairs and taking off of the prior roof. My Aunt did not get a clear breakdown of costs involved but her total cost came to over $12000 and her down payment was $3111. Part of the contact she signed was the recession period and she had 3 days to cancel after the "Sale Date". If she did not cancel within that time she would not get back her 25% down payment. The Roofing company then came back about a week later and advised they needed to amend the contract and were not giving her full warrantee etc since her roof is open ceiling and not the correct type (Which they saw in the first place). They advised her they would want another $4000 to insulate her roof if she wanted the full warranties. My aunt signed the addendum as she was under duress since they had her down payment money but she told the salesman not to turn it in that she still wanted things spelled out more clearly and have another addendum presented to her. She waited for a responce but did not get one from the salesman. She then called around to find out what other roofing companies were offering and found out that most companies do not recommend having a compound roof put on her house due to the low angle of the roof and she could get another roof done a lot cheaper. Some roofing companies said she doesn't even need one at this time. When she finally told Home Depot to cancel the contract they advised her that her salesman turned in the addendum that she didn't really agree to and that the 3 days were up and no refunds.
I think they pulled a bait and switch on my elderly Aunt. Mislead her to sign a contract then changed the contract and said she can't get her down payment back. The Roofing company doesn't do any work and collects down payments from elderly people. I also don't think they ever had a binding contract as the were never in full agreement. When the original contract was signed my Aunt was in agreement on what she was sold but the company knew they would not honor it as they knew there would be ammendments to change it. Then when the company wanted to change it my Aunt never was in agreement. There was not a time when they were all in agreement.
Questions.. Take them to small claims to get the down payment back?
Can I get them for any damages? Duress? Elder Abuse?
Submit to BBB?
Go to the media and have the news people tear into them?
Please help.. Thanks